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Klein v. City of Beverly Hills

United States Court of Appeals, Ninth Circuit

August 4, 2017

Gary Klein, Plaintiff-Appellant,
v.
City of Beverly Hills; Daniel Chilson; Michael Publicker; David L. Snowden, Chief, Defendants-Appellees.

          Presiding Argued and Submitted March 10, 2017 Pasadena, California

         Appeal from the United States District Court for the Central District of California D.C. No. 2:13-cv-00110-JFW-VBK John F. Walter, District Judge,

          Joseph S. Klapach (argued), Klapach & Klapach P.C., Beverly Hills, California, for Plaintiff-Appellant.

          M. Lois Bobak (argued), Woodruff Spradlin & Smart APC, Costa Mesa, California, for Defendants-Appellees.

          Before: A. Wallace Tashima and Jacqueline H. Nguyen, Circuit Judges, and Algenon L. Marbley, [*] District Judge.

         SUMMARY[**]

         Civil Rights

         The panel affirmed in part, and reversed in part, the district court's summary judgment in favor of the City of Beverly Hills, its police chief and others in Gary Klein's 42 U.S.C. § 1983 action, alleging that search warrants issued in connection with an investigation of Klein's wife's death were obtained through judicial deception.

         The panel held that the discovery rule applied to a judicial deception claim. The panel further held that Klein's judicial deception claim as to the first search warrant in August 2009 began accruing when the underlying affidavit became reasonably available. The panel concluded that because Klein acted with diligence, his claim for judicial deception arising from the August 2009 search was timely.

         In a concurrently field memorandum disposition, the panel affirmed the district court's decision that Klein's judicial deception claim failed on the merits.

          OPINION

          PER CURIAM.

         Gary Klein sued the City of Beverly Hills, its police chief, and others for investigating him in connection with his wife's death, claiming that the search warrants for his home and computer were obtained through judicial deception. We must decide when a judicial deception claim accrues.

         I.

...


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